If you haven’t shut down the landfill yet, I think you should get a resolution signed by a thousand people that has words to the following effect: The Resolution No where will you find in New York law or municipal charters, codes, rules or regulation where a citizen, business, corporate person, or state agency has any right or authority to be or support a public nuisance by virtue of any legal authority or administrative standing of any party in contract with the State and creating a health and happy dwelling nuisance and endangerment as a result of that contract. Neither by ownership, usage, property oversight, usufruct or economic contract, condition or liberties is any state authority empowered to rescind an emergency order by a municipality for the immediate protection, health and well-being of persons, property and dwellings against nuisance per se trespass by direct or indirect means, by accident or intent. Pollution of air and land is a criminal trespass covered by New York penal law section 140, or, at least should be for fairness and economic equity. Even if it is not, the material circumstances inducing the order to shut down landfill sites is sufficient grounds to take action by a municipality to alleviate the dangers immediate and long term.
The legitimacy of the order can be worked on in court for there is no irreparable damage that, without a restraint on the order, would have happened. The stopping of a landfill is the exact definition of a protection of the environment and the citizenry and has much the greater standing under law. The order itself would do considerable good. All government policy must place the citizen first against any Capital identity of any individual or state entity. These are the meaning and purpose under law of the reserved rights of citizens authorized under our constitution. America is not a Fascist Dictatorship and the Judiciary still has standing and authority over matters such as health emergencies, pandemics and crisis such as we are now facing and it behooves all branches of government and all municipalities, if necessary, to err in the direction of the greatest safety to the greatest number. We are still in a 600 year pandemic and all unnecessary and deleterious industries such as landfills should be shut down for the duration. In the present case, the matter is not simply one of negligence and endangerment, it operation, being aided and abetted by the State is a civil violation of the rights and responsibilities of this local municipality. Any elected official or guardian of the peace who is not making every effort to shut down the land fill immediately is in breach of their fiduciary responsibilities to the citizenry. The cynical theory set out by selfish landlords looking to keep their taxes lowered by getting kick backs for the city from the owners of the landfill and thus permitting the violation of the land and the reduction of everyone’s property values, is hardly a defense against negligence and self dealing. There are no neutrals in this matter of life and death.
– Victor Batorsky
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